Time Calculations for First Parole Review

TIME CALCULATIONS FOR FIRST PAROLE REVIEW AS OF SEPTEMBER 2015:

 

The following information is based on laws currently in effect. Parole and mandatory supervision eligibility is determined by the laws in effect at the time the offense is committed. A person being held in county jail or custody will receive credit for his time in custody toward his/her parole eligibility date. For example. . . an inmate has been in custody for 6 months prior to being sentenced to a 10 year sentence. The inmate would be eligible for parole( if the case is not a 3g offense) in 1 year 2 months and 8 days. The 6 months should be subtracted from the 1y,ear and 2 months parole eligibility date leaving a parole eligibility date of approximately 8 months from the date of sentencing. The following is a parole and discretionary mandatory supervision eligibility chart, remember the parole board presently is placing inmates into parole review six months in advance of these calculated times and the parole board is presently voting cases as early as three months before the calculated times, in other words you need to hire me well in advance of the computed appearance date:

 

PAROLE DISCRETIONARY MANDATORY
Yrs. 3g Offenses All Other Offenses 3g/508.149 Offenses All Other Offenses
1 N/A 1 mos 13 days N/A 5 mos 21 days
2 N/A 2 mos 25 days N/A 11 mos 8 days
3 2 yrs 4 mos 8 days N/A 1 yr 5 mos 2 days
4 2 yrs 5 mos 21 days N/A 1 yr 10 mos 22 days
5 2 yrs 6 mos 7 mos 3 days N/A 2 yrs 4 mos 12 days
6 3 yrs 8 mos 15 days N/A 2 yrs 10 mos 3 days
7 3 yrs 6 mos 10 mos 0 days N/A 3 yrs 3 mos 20 days
8 4 yrs 11 mos 8 days N/A 3 yrs 9 mos 16 days
9 4 yrs 6 mos 1 yr 0 mos 24 days N/A 7 yrs 3 mos 4 days
10 5 yrs I yr 2 mos 8 days N/A 4 yrs 8 mos 24 days
11 5 yrs 6 mos 1 yr 9 mos 9 days N/A 6 yrs 1 mos 6 days
15 7 yrs 6 mos 2 yr 1 mos 20 days N/A 7 yrs 1 mos 6 days
20 10 yrs 2 yrs 4 mos 12 days N/A 9 yrs 5 mos 18 days
25 12 yrs 6 mos 2 yrs 11 mos 15 days N/A 11 yrs 10 mos
30 15 yrs 3 yrs 6 mos 18 days N/A 14 yrs 2 mos 12 days
35 17 yrs 6 mos 4 yrs 1 mos 21 days N/A 16 yr 6 mos 24 days
40 20 yrs 4 yrs 9 mos N/A 18 yr 11 mos 6 days
45 22 yrs 6 mos 5 yrs 4 mos 3 days N/A 21 yrs 3 mos 18 days
50 25 yrs 5 yrs 11 mos 8 days N/A 23 yrs 8 mos
55 27 yrs 6 mos 6 yrs 6 mos 11 days N/A 26 yrs 12 days
60 30 yrs 7 yrs 1 mos 15 days N/A 28 yrs 4 mos 24 days
LIFE 30 yrs 7 yrs 1 mos 15 days N/A N/A

 

 

3g Offenses where good time credits have no effect on an offender’s sentence:

Parole eligibility is based on calendar time. The inmates convicted of a 3g offense are not eligible for mandatory supervision. Any 3g offense committed on or after September 1, 1993 requires an inmate to serve a minimum of one-half of the total sentence to become parole eligible. The following is the current listing of 3g offenses:

    • Aggravated Assault – Mandatory minimum or 2 years any time over two years is computed at ½ rule.
    • Aggravated Sexual Assault.
    • Aggravated Kidnapping.
    • Aggravated Robbery.
    • Use of a Child to Commit Drug Offense.
    • 1st Degree Felony Injury of a Child Resulting In Serious Bodily Injury.
    • Sexual Performance By a Child.
    • 1st Degree Criminal Solicitation.
    • Compelling Prostitution.
    • Trafficking Of Persons.
    • 1st Degree Burglary Of habitation With Intent To Commit Certain Sexual Offenses.
    • Affirmative Finding Of Deadly Weapon.
    • Continuous Trafficking of Persons.
    • Engaging in Organized Criminal Activity.
    • Directing Activities of Criminal Street Gangs.
    • Indecency with Child-Contact.
    • Murder.
    • Sexual Assault of a Child.
    • Offenses with Affirmative Finding of Deadly Weapon.
    • Intoxicate Mansalughter.

 

Drug free zone offenses carry a unique parole eligibility requirement. If convicted of such a crime, an offender must serve five calendar years to become eligible. Consequently, if an offender is sentenced to five-years or less, he/she is not eligible for parole or mandatory supervision.

An inmate under sentence of death, serving a sentence of life imprisonment without parole, serving a sentence for and offense of Continuous Sexual Abuse of a Child s not eligible for release on parole.

Aggravated Sexual Assault if the victim of the offense id younger than 6 years of age at the time of the offense and if the victim of the offense is younger than 14 years of age at the time of the offense and the actor commits the offense in a manner described.

There are certain offenses where a life sentence carries unique initial parole eligible requirements by statute:

 

Capital Murder 40 years actual time served

Aggravated Sexual Assault

(two prior convictions 1 sex related)

35 years actual time served
Aggravated kidnapping with Intent to Abuse Sexually (two prior felony convictions lsex related) 35 years actual time served

Indecency with Child-Contact

(two prior felony convictions 1 sex related)

35 years actual time served

Burglary Habitation with intent to

sexual assault or indecency with Child

(two prior felony convictions 1 sex related)

35 years actual time served